Mechanics Lien Deadlines in Colorado
Colorado's mechanics' lien statute sets who may claim a lien, a ten-day notice of intent before filing, recording periods tied to completion and last furnishing, and a six-month window to commence an enforcement action.
Colorado mechanics' liens are governed by the Colorado Revised Statutes, Title 38, Article 22. The statute identifies who may claim a lien, requires a notice of intent before the lien statement is recorded, fixes the periods within which the lien statement must be filed for record, and sets the time to commence an action to enforce the lien. The paragraphs below state each requirement with the exact statutory language it rests on.
Filing and enforcing a mechanics lien in Colorado
For all other lien claimants, the lien statement must be filed for record before the expiration of four months after the day on which the last labor is performed or the last laborers or materials are furnished by that claimant. 1
To enforce the lien, an action must be commenced, and a notice that the action has been commenced filed for record, within six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement. 2
In a lien foreclosure action it is an affirmative defense that the owner, or someone acting on the owner's behalf, has paid an amount sufficient to satisfy the owner's contractual and legal obligations where the property is a single-family, owner-occupied dwelling unit. 3
An agreement to waive, abandon, or refrain from enforcing a lien under this article is binding only as between the parties to that contract. 4
Sources
The lien statements of all other lien claimants must be filed for record before the expiration of four months after the day on which the last labor is performed or the last laborers or materials are furnished by that claimant.
The lien will not hold the property longer than six months after the last work or labor is performed, or laborers or materials are furnished, or after completion of the building, structure, or other improvement, unless an action to enforce it has been commenced and a notice of that action filed for record within that time.
In a lien foreclosure action it is an affirmative defense that the owner, or someone acting on the owner's behalf, has paid an amount sufficient to satisfy the owner's contractual and legal obligations where the property is a single-family, owner-occupied dwelling unit.
An agreement to waive, abandon, or refrain from enforcing a lien under this article is binding only as between the parties to that contract.
Frequently asked questions
- Who can file a mechanics lien in Colorado?
- The statute grants a lien to mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner, among others named in C.R.S. 38-22-101.
- Do I have to give notice before recording a Colorado mechanics lien?
- Yes. A notice of intent to file a lien statement must be served on the owner or reputed owner and the principal or prime contractor at least ten days before the lien statement is filed with the county clerk and recorder, under C.R.S. 38-22-109(3).
- How long do I have to record the lien statement?
- General lien claimants must file the lien statement for record before the expiration of four months after the day the last labor is performed or the last laborers or materials are furnished. Claimants for labor by the day or piece must file before the expiration of two months after completion of the building, structure, or other improvement.
- How long do I have to enforce a Colorado mechanics lien?
- Under C.R.S. 38-22-110, an action to enforce the lien must be commenced, and a notice of commencement filed for record, within six months after the last work or labor, or after completion of the building, structure, or other improvement.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.